Supreme Court denied Plaintiff's CPLR Article 78 petition seeking to annul the New York City Transit Authority's [Respondent] decision, rejecting Plaintiff's contention that he was entitled to an exemption from the New York City Transit Authority internal disciplinary process and that the disciplinary charges filed against him should have been considered at a disciplinary hearing held pursuant to Civil Service Law §75.
The Appellate Division unanimously affirmed the Supreme Court's ruling.
The Appellate Division explained that Respondent's January 31, 2024, decision denying Petitioner's appeal of his disciplinary suspension was final and binding and "put the [Petitioner] on notice that all administrative appeals have been exhausted".
Noting that Plaintiff commenced the instant Article 78 proceeding on January 30, 2025, nearly one year after the Respondent's "final determination", the Appellate Division said that Supreme Court properly dismissed the proceeding as time barred, pointing out that contrary to Plaintiff's contention, "there was nothing contained in the January 31, 2024 determination that created ambiguity or the impression of nonfinality".
Click HERE to access the Appellate Division's decision posted on the Internet.